Rule 10DB - Furnishing of Report in respect of an International Group - Income-tax Rules, 1962

1 [10DB. Furnishing of Report in respect of an International Group 3 [ 6 [ (1) The income-tax authority for the purposes of section 286 shall be the Joint Director as may be designated by the Principal Director General of Income-tax (Systems) or the Director General of Income-tax (Systems), as the case may be. ] (2) The notification under sub-section (1) of section 286 shall be made in Form No. 3CEAC two months prior to the due date for furnishing of report as specified under sub-section (2) of said section. ] (3) Every parent entity or the alternate reporting entity, as the case may be, resident in India, shall, for every reporting accounting year, furnish the report referred to in sub-section (2) of section 286 4 [****] in Form No. 3CEAD. 2 [ (4) The period for furnishing of the report under sub-section (4) of section 286 by the constituent entity referred to in that sub-section shall be twelve months from the end of the reporting accounting year: Provided that in case the parent entity of the constituent entity is resident of a country or territory, where, there has been a systemic failure of the country or territory and the said failure has been intimated to such constituent entity, the period for submission of the report shall be six months from the end of the month in which said systemic failure has been intimated. ] 5 [ (5) The information required to be conveyed under proviso to sub-section (4) of section 286 regarding the designated constituent entity shall be furnished in Form No. 3CEAE. ] (6) For the purposes of sub-section (7) of section 286, the total consolidated group revenue of the international group shall be 7 [ six thousand four hundred ] crore rupees. (7) Where the total consolidated group revenue of the international group, as reflected in the consolidated financial statement, is in foreign currency, the rate of exchange for the calculation of the value in rupees of such total consolidated group revenue shall be the telegraphic transfer buying rate of such currency on the last day of the accounting year preceding the accounting year. (8) The Principal Director General of Income-tax (Systems) or Director General of Income-tax (Systems), as the case may be, shall specify the procedure for electronic filing of Form No. 3CEAC, Form No. 3CEAD and Form No. 3CEAE and shall also be responsible for evolving and implementing appropriate security, archival and retrieval policies in relation to the information furnished under this rule. Explanation.- For the purposes of this rule,- (A) telegraphic transfer buying rate shall have the same meaning as assigned in the Explanation to rule 26; (B) the terms accounting year , alternate reporting entity , consolidated financial statement , international group and reporting accounting year shall have the same meaning as assigned in sub-section (9) of section 286.] ******************* Notes:- 1 Inserted vide notification no. 92/2017 dated 31.10.2017 2 Substituted vide Notification No. 88/2018 dated 18-12-2018 before it was read as (4) A constituent entity of an international group, resident in India, other than the entity referred to in sub-rule (3), shall furnish the report referred to in sub-rule (3) within the time specified therein if the provisions of sub-section (4) of section 286 are applicable in its case. 3. Substituted vide NOTIFICATION NO. 03/2020 dated 06-01-2020 before it was read as (1) For the purposes of sub-section (1) of section 286, every constituent entity resident in India, shall, if its parent entity is not resident in India, intimate the Director General of Income-tax (Risk Assessment) in Form No. 3CEAC, the following, namely:- (a) whether it is the alternate reporting entity of the international group; or (b) the details of the parent entity or the alternate reporting entity, as the case may be, of the international group and the country or territory of which the said entities are residents. (2) Every intimation under sub-rule (1) shall be made at least two months prior to the due date for furnishing of report as specified under sub-section (2) of section 286. 4. Omitted vide NOTIFICATION NO. 03/2020 dated 06-01-2020 before it was read as to the Director General of Income-tax (Risk Assessment) 5. Substituted vide NOTIFICATION NO. 03/2020 dated 06-01-2020 before it was read as (5) If there are more than one constituent entities resident in India of an international group, other than the entity referred to in sub-rule (3), then the report referred to in sub-rule (4) may be furnished by that entity which has been designated by the international group to furnish the said report and the same has been intimated to the Director General of Income-tax (Risk Assessment) in Form No. 3CEAE. 6. Substituted vide Notification No. G.S.R 250(E) dated 05-04-2021 w.e.f. 01-04-2021 before it was read as (1) The income-tax authority for the purposes of section 286 shall be the Joint Commissioner as may be designated by the Director General of Income-tax (Risk Assessment). 7. Substituted vide Notification No. G.S.R 250(E) dated 05-04-2021 w.e.f. 01-04-2021 before it was read as five thousand five hundred